After termination or expiration of the Bojangles franchise agreement, what actions must a franchisee take regarding assumed names or equivalent registrations containing any Bojangles proprietary mark, and within what timeframe must they provide evidence of compliance to Bojangles?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. Franchisee shall take such action as may be necessary to cancel any assumed name or equivalent registration which contains any Proprietary Mark or any other service mark or trademark of Franchisor, and Franchisee shall furnish Franchisor with evidence satisfactory to Franchisor of compliance with this obligation within thirty (30) days after termination or expiration of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, after the termination or expiration of the franchise agreement, a franchisee must take necessary actions to cancel any assumed name or equivalent registration that includes any Bojangles proprietary mark, service mark, or trademark. This means the franchisee must legally remove any business name or registration that suggests an association with the Bojangles brand.
Furthermore, the franchisee is required to provide Bojangles with evidence of compliance regarding the cancellation of the assumed name or equivalent registration. This evidence must be satisfactory to Bojangles, indicating that the franchisor has the final say on whether the franchisee has adequately fulfilled this obligation.
The franchisee must furnish this evidence to Bojangles within thirty (30) days after the termination or expiration of the franchise agreement. This timeframe is a strict deadline, and failure to comply could potentially lead to legal repercussions or other enforcement actions by Bojangles to protect its brand and trademarks.